Internet Data Exchange (IDX) Section 18 IDX Defined IDX affords MLS Participants the ability to authorize limited electronic display and delivery of their listings by other Participants via the following authorized mediums under the Participant’s control: websites, mobile apps, and audio devices. As used throughout these rules, “display” includes “delivery” of such listings. Section 18.1 Definitions ● IDX Database- The current aggregate compilation of MLS listings of all IDX Participants; except those listings where the property seller has indicated that the property will not be public viewable on the Internet. ● Participant- The Designated Broker (Principal), registered with the MLS as the Participant for a real estate brokerage who gives consent to display of their listings by other Participants. ● Salesperson Party- A non-principal real estate broker, or other real estate sales licensee who is affiliated with an IDX Participant, and is registered with the MLS as a salesperson party affiliated with the Participant through which salesperson party is accessing the IDX Database. ● Confidential Information- All information treated or designated by MLS as proprietary information, or which is otherwise generally not available to the general public, including but not limited to, passwords, access codes, software, object codes, or any other information that is not intended by MLS for use by consumers, that becomes available to any party as a result of access to the MLS and/or IDX Database. ● Gateway- An entry point or application for a Participant/salesperson party that fetches or receives data from the IDX database (typically an XML, text, or API interface). ● Framing- Usage of the MLS-approved standard template(s), or Participant/salesperson party’s own template(s), to display a separate scrollable window of listing information in the MLS IDX Database. ● Font Size/Type- The size/type of each character on the Participant’s website(s). ● Update Data- To bring listing data information current. ● Scraping of Data- Downloading MLS/IDX listing data by a non-Participant (or non-salesperson party) for any purpose other than a consumer-oriented property search. ● Consultant- A third-party information systems expert, consultant, Internet service provider, and anyone else who is not a Participant/salesperson party. ● Display Body - The “body” is defined as the rectangular space whose borders are delimited by the utmost extent in each direction of the listing text and photo data. ● Thumbnail View- A thumbnail display of another Participant’s listing must include the following minimum amount of display: text data about the listed property, a non-branded photo of the listing (if available), the MLS-approved IDX icon, and the MLS number. Displays of minimal information (e.g. “thumbnails”, text messages, tweets”, etc., of two hundred (200) characters or less) are exempt from this requirement but only when linked directly to a display that includes all required disclosures. SOMO Rules and Regulations Page 23 of 34 Section 18.1.1 Authorization Participants’ consent for display of their listings by other Participants pursuant to these rules and regulations is presumed unless a Participant affirmatively notifies the MLS that the Participant refuses to permit display (either on a blanket or on a listing-by-listing basis). If a Participant refuses on a blanket basis to permit the display of that Participant’s listings, that Participant may not download, frame or display the aggregated MLS data of other Participants. Even where Participants have given blanket authority for other Participants to display their listings on IDX sites, such consent may be withdrawn on a listing-by-listing basis where the seller has prohibited all Internet display or other electronic forms of display or distribution. Section 18.2 Participation Participation in IDX is available to all MLS Participants who are REALTORS® who are engaged in real estate brokerage and who consent to display of their listings by other Participants. Section 18.2.1 Participants must notify their primary Association of their intention to display IDX information and execute an IDX/VOW Data Access Agreement before display is established. Participants/salesperson parties agree to give the MLS direct access for purposes of monitoring/ensuring compliance with applicable rules and policies and to keep their list of sites current with the MLS. Section 18.2.2 MLS Participants may not use IDX-provided listings for any purpose other than display as provided for in these rules. This does not require Participants to prevent indexing of IDX listings by recognized search engines. Section 18.2.3 Listings, including property addresses, can be included in IDX displays except where a seller has directed their listing broker to withhold their listing or the listing’s property address from all display on the Internet (including, but not limited to, publicly-accessible websites or VOWs) or other electronic forms of display or distribution. Section 18.2.4 Participants may select the listings they choose to display through IDX based only on objective criteria including, but not limited to, factors such as geography or location (“uptown,” “downtown,” etc.), list price, type of property (e.g., condominiums, cooperatives, single-family detached, multi-family), cooperative compensation offered by listing brokers, type of listing (e.g., exclusive right-to-sell or exclusive agency), or the level of service being provided by the listing firm. Selection of listings displayed through IDX must be independently made by each Participant. Section 18.2.5 Participants must refresh all MLS downloads and IDX displays automatically fed by those downloads at least once every twelve (12) hours. The complete data retrieved in the “Timestamp” field from the RETS feed must be displayed prominently on the Participant’s/salesperson party’s website. Section 18.2.6 Except as provided in the IDX policy and these rules, an IDX site or a Participant or user operating an IDX site or displaying IDX information as otherwise permitted may not distribute, provide, or make any portion of the MLS database available to any person or entity. SOMO Rules and Regulations Page 24 of 34 Section 18.2.7 Any IDX display controlled by a Participant must clearly identify the name of the brokerage firm under which they operate in a readily visible color and typeface. For purposes of the IDX policy and these rules, “control” means the ability to add, delete, modify and update information as required by the IDX policy and MLS rules. Section 18.2.8 Any IDX display controlled by a Participant or subscriber that a. allows third-parties to write comments or reviews about particular listings or displays a hyperlink to such comments or reviews in immediate conjunction with particular listings, or b. displays an automated estimate of the market value of the listing (or hyperlink to such estimate) in immediate conjunction with the listing, either or both of those features shall be disabled or discontinued for the seller’s listings at the request of the seller. The listing broker or agent shall communicate to the MLS that the seller has elected to have one or both of these features disabled or discontinued on all displays controlled by Participants. Except for the foregoing and subject to Section 18.2.9, a Participant’s IDX display may communicate the Participant’s professional judgment concerning any listing. Nothing shall prevent an IDX display from notifying its customers that a particular feature has been disabled at the request of the seller. Section 18.2.9 Participants shall maintain a means (e.g., e-mail address, telephone number) to receive comments about the accuracy of any data or information that is added by or on behalf of the Participant beyond that supplied by the MLS and that relates to a specific property. Participants, or Consultants acting on behalf of Participants, shall correct or remove any false data or information relating to a specific property upon receipt of a communication from the listing broker or listing agent for the property explaining why the data or information is false. However, Participants shall not be obligated to remove or correct any data or information that simply reflects good faith opinion, advice, or professional judgment. Section 18.2.10 An MLS Participant (or where permitted locally, an MLS subscriber) may co-mingle the listings of other brokers received in an IDX feed with listings available from other MLS IDX feeds, provided all such displays are consistent with the IDX rules, and the MLS Participant (or MLS subscriber) holds participatory rights in those MLSs. As used in this policy, “co-mingling” means that consumers are able to execute a single property search of multiple IDX data feeds resulting in the display of IDX information from each of the MLSs on a single search results page; and that Participants may display listings from each IDX feed on a single webpage or display. Section 18.2.11 Participants shall not modify or manipulate information relating to other Participant’s listings. MLS Participants may augment their IDX display of MLS data with applicable property information from other sources to appear on the same webpage or display, clearly separated by the data supplied by the MLS. The source(s) of the information must be clearly identified in the immediate proximity to such data. This requirement does not restrict the format of MLS data display or display of fewer than all of the available listings or fewer authorized fields. Section 18.2.12 All listings displayed pursuant to IDX shall identify the listing firm in a reasonably prominent location and in a readily visible color and typeface not smaller than the median used in the display of listing data. SOMO Rules and Regulations Page 25 of 34 Section 18.2.13 An IDX Participant/salesperson party must make changes to an IDX display necessary to cure a violation of the MLS’s IDX rules within ten (10) business days of notice from the MLS.